LYN-RAND METAL FABRICATIONS, CO., INC., APPELLANT,
v.
AMERICAN ACCESSORIES CORP., APPELLEE
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PER CURIAM.
The defendant, Lyn-Rand Metal Fabrications, Co., Inc. [Lyn-Rand], appeals from an adverse final judgment. We affirm.
Lyn-Rand contends that the trial court erred by granting the plaintiffs motion in limine to exclude any evidence of a purported oral agreement modifying the terms of the written agreement that provided the basis for the action below. We disagree and find that the trial court properly excluded such evidence where Lyn-Rand never pled the oral agreement with specificity in any of its affirmative defenses. Fla.R.Civ.P. 1.110(d); Uvesco, Inc. v. Petersen, 295 So. 2d 353 (Fla. 4th DCA 1974); Rod-Lyn Corp. v. DeBelay, 231 So. 2d 233 (Fla. 3d DCA), cert. denied, 238 So. 2d 108 (Fla.1970). Additionally, we find that Lyn-Rand’s remaining points lack merit.
Accordingly, we affirm.
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Sainfrene Saintelus v. State, 823 So. 2d 177 (Fla. 4th DCA 2002)…lling, a second degree felony. Since the judgment does not conform to the jury’s verdict, this should be corrected on appeal. See Lawson v. State, 470 So. 2d 109 (Fla. 4th DCA 1985)(judgment must conform to jury’s verdict); see also McPhee v. State, 657 So. 2d 70 (Fla. 3d DCA 1995)(remand to the trial court to conform the written judgment to the jury verdict). We accordingly remand to the trial court to conform the written judgment to the jury verdict. Appellant need not be present to correct this error.…
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Mendez v. State, 944 So. 2d 545 (Fla. 3d DCA 2006)…harge to second-degree criminal mischief. This change was not reflected in the written judgment. As the State correctly concedes, the written judgment should be amended to reflect a conviction of second-degree criminal mischief. See McPhee v. State, 657 So. 2d 70 (Fla. 3d DCA 1995). Accordingly, the case is remanded. In all other respects, the decision below is affirmed.…
Authorities Cited
- Rod-Lyn Corp. v. DeBELAY, 231 So. 2d 233 (Fla. 3d DCA 1970)
- Uvesco v. Petersen, 295 So. 2d 353 (Fla. 4th DCA 1974)
- Lombardy v. R. E. W. Crane Rental Serv., Inc., 238 So. 2d 108 (Fla. 1970)
- Slobodian v. Gen. Tel. Co. OF Fla., 238 So. 2d 108 (Fla. 1970)